Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th April, 2021.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016¹ (as amended by Article 1 of Directive (EU) 2020/700 of the European Parliament and of the Council of 25 May 2020² ), hereby make the following regulations:

1. These Regulations may be cited as the European Union (Interoperability of the Rail System) (Designated Bodies) (Fees) Regulations 2021.

2. In these Regulations —

“designated body” means a body designated by the safety authority under Regulation 16(3) of the European Union (Interoperability of the Rail System) Regulations 2020 ( S.I. No. 477 of 2020 ) to carry out the verification procedure in respect of national rules;

“safety authority” means Commission for Railway Regulation.

3. The safety authority shall charge a body, applying to it to be designated as a designated body, in respect of assessing the application, a fee of €15,000 covering the first 20 days of assessment of the application and, thereafter, a daily fee of €750 for each subsequent day or part thereof of assessment.

4. The safety authority shall charge a designated body a fee of €750 for each day in respect of any annual surveillance activity it undertakes on the designated body.

5. The fees paid under these Regulations shall be paid to the safety authority in such manner as it may direct, accrue to the safety authority and be applied for the purpose of meeting expenses properly incurred by the safety authority in the discharge of its functions.

GIVEN under my Official Seal,

15 April, 2021.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to support the implementation of Council Directive (EU) 2016/797 on the interoperability of the rail system which was transposed under the European Union (Interoperability of the Rail System) Regulations 2020 ( S.I. No. 477 of 2020 ). Under Regulation 16(3) of S.I. No 477 of 2020 , the Commission for Railway Regulation has the function to designate bodies responsible for carrying out conformity assessment activities in respect of national rules. These Regulations set the fee payable to the Commission for the task of assessing applications from bodies seeking to be designated as designated bodies in respect of national rules and also the fee payable for annual surveillance of designated bodies by the Commission.

1 OJ No. L138, 26.05.2016, p.44

2 OJ No. L165, 27.05.2020, p.27